International Trade and the Protection of the Environment
Published: November 2007
Country of Publication: UK
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Analyzing globalization and the increasing tension it has caused between the goals of free trade and environmental protection, "International Trade and the Protection of the Environment" provides a comprehensive and detailed legal analysis, both at the national and international level of what looks set to become the new legal order of the twenty-first century.
This book asks questions such as:-
- Does the treatment of 'measures tantamount to expropriation' have the capacity to lead to a 'regulatory chill' on environmental protection
- what are the possibilities for claims before the UK courts that are based on alleged violations of international law
To answer them the author offers:-
- an informed and critical commentary on the continuing controversy on GMO products, in particular on the recent WTO award in the EC-Biotech dispute;
- a comparison of the treatment of the expropriation under NAFTA and bilateral investment treaties with position under article one of the first protocol of the European convention on human rights;
- and, an analysis of the human rights dimension to claims for environmental damage against multi-national corporations, focusing particularly on claims in the US under Incisive and current,
This text is a valuable tool for postgraduate law students studying international and commercial law.